Commonwealth v. Byrd

BECK, Judge.

In these consolidated appeals we determine whether, upon sentencing a defendant following revocation of probation, a trial court is limited to sentencing that defendant to a period of incarceration that is less than or equal to the previously imposed period of probation. We find that no such limitation exists. We therefore affirm.

Robert Byrd pled nolo contendere to possession of cocaine with intent to deliver, 1 possession of cocaine, 2 and conspiracy. 3 Byrd was granted a section 17 disposition pursuant to 35 P.S. § 780-117 and was sentenced to probation without verdict for a…